C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by
OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CONTRACTOR,
and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the
Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to
agree as to the amount of the adjustment, OWNER may make a Claim therefore as provided in paragraph 10.05. Such
claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of
others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work.
D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in
the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this
paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
A. The schedule of values established as provided in paragraph 2.01.A will serve as the basis for progress payments
and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of units completed.
14.02 Progress Payment
A. Applications for Payments
1. At least 20 days before the date established for each progress payment (but not more often than once a month),
CONTRACTOR shall submit to OWNER an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such
supporting documentation as is required by the Contract Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at
another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale,
invoice, or other documentation warranting that OWNER has received the materials and equipment free and
clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance
or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER.
Any request for partial or final payment shall specifically list the work completed. To facilitate the proper
and timely payment of applications, the OWNER requires that all applications must reference a
valid PURCHASE ORDER NUMBER, as submitted to CONTRACTOR under the Notice to Proceed,
be in original format; OWNER will not authorize payments from carbon or Xerox copies, and mailed
directly to the following address:
City of Nashua
Accounts Payable
PO Box 2019
Nashua, NH 03061-2019
Attn: Division of Public Works
2. Beginning with the second Application for Payment, each Application shall include an affidavit of
CONTRACTOR stating that all previous progress payments received on account of the Work have been applied
on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment.
3. The amount of retainage with respect to progress payments will be stipulated in the Agreement.
B. Review of Applications.
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